On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized the long-awaited one-time reporting rule for per- and polyfluoroalkyl substances (PFAS). First proposed in June 2021 under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), this rule will impose fresh mandates on businesses. Specifically, they will need to provide the EPA with detailed information about their PFAS production or importation activities.
This announcement forms part of a series of regulatory milestones outlined in the Biden administration’s EPA 2021 PFAS Strategic Roadmap. However, despite excitement among interested parties, the agency has abruptly ceased its pre-publication of the final rule.
For those unfamiliar with PFAS, these substances, also known as ‘forever chemicals’ because they persist in the environment, are widely embedded in various industries. Their applications can range from non-stick pan coatings to stain-resistant fabrics and fire-fighting foams. Unsurprisingly, the new reporting rule is followed closely by many businesses and environmental advocates due to the potential implications it might have on the manufacture, importation, and use of such chemicals in the United States.
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Be sure to keep an eye on this development, as it will likely hold significant implications for corporations in several sectors of the economy. Legal professionals working with clients in these areas will need to be on their toes to help navigate the potential changes and challenges that this decision will entail.